Legislation Introduced to Require Ski Helmets by Law

New legislation has been introduced by Rep. Bob Constan, a Wayne County democrat, that amends the ski area safety code to require helmets. House bill No. 5628 was introduced on January 17, 2008. The new provision of the law reads:

A skier shall wear a helmet on his or her head while on a ski slope. if the skier is a minor, the minor's parent shall ensure that the minor wears the helmet while on a ski slope. the helmet shall comply with the american society for testing and materials standard f2040-02, standard specification for helmets used for recreational snow sports.

A skier or, if the skier is a minor, the parent of a skier who violates section 21(3) is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $100.00.

Existing provisions of the law include:

• A skier shall conduct 1 himself or herself within the limits of his or her individual ability and shall not act or ski in a manner that may contribute to his or her injury or to the injury of any other person. A skier shall be the sole judge of his or her ability to negotiate a track, trail, or slope.
• While in a ski area, a skier or passenger shall not do any of the following:
  (a) Board a ski lift which THAT 1 has been designated as closed.
  (b) Wilfully WILLFULLY board or embark upon, or disembark from, a ski lift, except at an area designated for those purposes.
  (c) Intentionally drop, throw, or expel an object from a ski lift while riding on the lift.
  (d) Do any act which THAT interferes with the running or operation of a ski lift, such as INCLUDING, but not limited to, swinging or bouncing on an aerial lift, attempting to contact supporting towers, machinery, guides, or guards while riding on a ski lift; or skiing out of the designated ski track on a surface lift or tow.
  (e) Use a ski lift, unless the skier or passenger has the ability to use the lift safely without instruction on use of the lift by a ski area owner, manager, operator, or employee, or unless the skier or passenger requests and receives instruction before entering the boarding area of the ski lift
  (f) Use a ski lift or ski without properly engaging and using ski restraining devices, brakes, or restraining straps.

by Joan H. Young
see HOUSE BILL No. 5628
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